Statute
DMCA
174 published works
New Media and Technology Law Blog
U.S. Dept. of Commerce Releases Multistakeholder Guidance on DMCA Notice and Takedown Best Practices
On Tuesday, the U.S. Dept. of Commerce's Internet Policy Task Force released a guidance containing a list of best practices (and notable “bad” practices), all designed to improve the DMCA’s…
Incontestable Blog
Judge Awards Damages in False DMCA Takedown Case
By Margaret A. Esquenet Danielle Wright Bulger
For the first time, a party which received a DMCA takedown notice with material misrepresentations has been awarded money damages. Automattic Inc. v. Steiner, 2014 U.S. Dist. LEXIS 182295 (N.D.…
Media Law Prof Blog
The DMCA and the Remix
Teri Karobonik, New Media Rights, and Arthur H. Neill, New Media Rights & California Western School of Law, have published Remixing Copyright Law: How Copyright Reform Can Empower Remix Creators…
Litigation & Trial
Sony And David Boies Owe Val Broeksmit And The Internet An Apology
[Updated January 2, 2015, regarding the DMCA issues. See below.] I used to be a fan of David Boies back when he was defending Napster, and I recall liking the…
Media Law Prof Blog
Brief of Amici Curiae EFF, Organization for Transformative Works and Others in Capitol Records v. Vimeo Now Available
Brief of Amici Curiae Electronic Frontier Foundation, Organization for Transformative Works, the Center for Democracy and Technology, Public Knowledge, and New Media Rights in Capitol v. Vimeo, No. 14-1048 (2d…
Socially Aware Blog
Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent
The safe harbor provisions in § 512(c) of the Digital Millennium Copyright Act (DMCA) provide a mechanism that insulates online service providers from monetary damages for infringing materials posted or…
Real Lawyers Have Blogs
WordPress strikes back against censorship
WordPress and it's co-founder, Matt Mullenweg (@photomatt), are all about democratizing publishing. So when it comes to those attempting to censor WordPress users and authors it's only natural that WordPress…
Media Law Prof Blog
Unintended Consequences In Copyright Law
Peter K. Yu, Drake University Law School, is publishing Tales of the Unintended in Copyright Law in Studies in law, Politics, and Society (2014). Here is the abstract.Having unintended consequences…
Data Counsel
Viacom v. YouTube Postscript–Copyright Infringement, Social Media and the Blurred Lines of the Digital Millennium Copyright Act’s Safe Harbors
Editor's Note: This article was originally published on Bloomberg Law Reports ®. It is republished with permission. By Fernando A. Bohorquez Jr. and David M. McMillan, BakerHostetler More than a year…
SDNY Blog
Creating District Split, Judge Abrams Rules that DMCA Protections Do Not Apply to Pre-1972 Recordings
In a summary judgment ruling dated yesterday, Judge Abrams granted in part and denied in part cross-motions for summary judgment in a copyright challenge relating to material posted to the…